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ACT No. 269
Regular Session, 2012
HOUSE BILL NO. 591
BY REPRESENTATIVE SIMON
AN ACT1
To amend and reenact R.S. 36:259(T), 802(introductory paragraph), and 901(A), R.S.2
46:2633(D) and (E), 2634(B)(2), (3), (13), (D), and (H), and 2635(A), (B), and (C)3
and to enact R.S. 46:2633(F), relative to administration of the Traumatic Head and4
Spinal Cord Injury Trust Fund; to provide for certain duties of the Department of5
Health and Hospitals, office of aging and adult services, relative to the Traumatic6
Head and Spinal Cord Injury Trust Fund; to provide for composition and certain7
duties of the Traumatic Head and Spinal Cord Injury Trust Fund Advisory Board;8
to provide for the advisory capacity of the Traumatic Head and Spinal Cord Injury9
Trust Fund Advisory Board within the Department of Health and Hospitals; and to10
provide for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 36:259(T), 802(introductory paragraph), and 901(A) are hereby13
amended and reenacted to read as follows:14
§259. Transfer of agencies and functions to Department of Health and Hospitals15
* * *16
T. The Traumatic Head and Spinal Cord Injury Trust Fund Advisory Board17
(R.S. 46:2631 through 2635) is hereby placed within the Department of Health and18
Hospitals and shall exercise and perform its powers, duties, functions, and19
responsibilities in the manner provided for agencies transferred in accordance with20
the provisions of R.S. 36:802 R.S. 36:901 et seq.21
* * *22
§802. Transfer; retention of policymaking and rulemaking functions23
The agencies transferred by the provisions of R.S. 36:209(Q), 239(E),24
259(B), 259(T), 309(B), 359(B), 409(C), 459(B), 509(B), 610(B), 629(I), and 769(C)25 ENROLLEDHB NO. 591
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shall continue to be composed and selected as provided by law, and each shall1
continue to exercise all of the powers, duties, functions, and responsibilities provided2
or authorized for each by the constitution or laws which are in the nature of3
policymaking, rulemaking, licensing, regulation, enforcement, or adjudication and4
also shall continue to exercise all advisory powers, duties, functions, and5
responsibilities provided by law. Such powers, duties, functions, and responsibilities6
shall be exercised independently of the secretary and any assistant secretary, except7
that:8
* * *9
§901. Transfer; merger and consolidation of functions; advisory agency10
A. The functions, powers, duties, responsibilities, programs, and operations11
of each of the agencies transferred by the provisions of R.S. 36:109(D), R.S.12
36:209(C), R.S. 36:209(M)(2), R.S. 36:259(D), R.S. 36:259(T), R.S. 36:309(C), R.S.13
36:359(C), R.S. 36:409(E), R.S. 36:509(E) and (N), R.S. 36:559(D), R.S. 36:629(Q),14
R.S. 36:651(G), and R.S. 36:744(D) on the date of each such transfer shall vest in15
and thereafter be the responsibility of the secretary of the department to which the16
transfer is made and shall be administered by the secretary in accordance with the17
powers vested in him by this Title and the applicable laws pertaining to each agency,18
except for those functions of each which are required to be performed and19
administered by the undersecretary of the department as heretofore provided for each20
by this Title. Each agency thus transferred shall continue in existence, the members21
thereof shall continue in office and hereafter shall be selected in the manner provided22
by law for each, and each agency hereafter shall serve solely in an advisory capacity23
to the secretary with respect to policies concerning matters within the purview of24
each as originally created.25
* * *26
Section 2. R.S. 46:2633(D) and (E), 2634(B)(2), (3), (13), (D), and (H), and27
2635(A), (B), and (C) are hereby amended and reenacted and R.S. 46:2633(F) is hereby28
enacted to read as follows: 29 ENROLLEDHB NO. 591
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§2633. Traumatic Head and Spinal Cord Injury Trust Fund1
* * *2
D.(1) The monies in the fund shall be used solely for programs designed to3
provide services to Louisiana citizens disabled by traumatic head and spinal cord4
injuries, for the administrative costs of the programs, reimbursement of travel5
expenses of members of the Traumatic Head and Spinal Cord Injury Trust Fund6
Advisory Board which are incurred in the discharge of their duties, and as provided7
in Paragraph (2) of this Subsection. Disbursement of the amount appropriated to the8
department each year shall be made as determined by the board department. In9
determining disbursement of monies in the fund, the department shall take into10
account any recommendations of the board.11
(2) The board department may authorize disbursement of an amount not to12
exceed fifty thousand dollars per year for the establishment and operation of an13
information resource center.14
(3) Money in the fund may be used to match available federal funding in15
order to provide enhanced or expanded services to persons eligible for benefits16
pursuant to the provisions of this Chapter. However, sufficient money shall be17
retained in the fund to provide payment for services for persons who are not eligible18
for services through federally funded sources.19
E. The board department shall:20
(1) determine Determine the eligibility of programs to receive funding ,.21
(2) Promulgate the rules and regulations necessary to implement the22
provisions of this Chapter.23
(3) Establish priorities and criteria for disbursement of the fund and act to24
obtain maximum benefits available.25
(4) Investigate the needs of the head-injured and spinal cord-injured, identify26
any gaps in services, and prepare and submit an annual report with recommendations27
to the legislature and the governor sixty days prior to each regular session of the28
legislature.29 ENROLLEDHB NO. 591
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(5) Monitor, evaluate, and review the development and quality of services1
and programs funded through the fund.2
(6) Arrange for full and accurate financial records to be maintained in3
compliance with law and shall make a full and complete report to the board4
quarterly. The department is specifically prohibited from publishing newsletters or5
other publications typically used in mass mailings.6
F. and the administration Administration of the fund shall be exercised by7
the Department of Health and Hospitals, office of aging and adult services, in8
accordance with the provisions of this Chapter.9
§2634. Traumatic Head and Spinal Cord Injury Trust Fund Advisory Board;10
creation; membership11
* * *12
B. The Traumatic Head and Spinal Cord Injury Trust Fund Advisory Board13
shall be composed of thirteen members as follows:14
* * *15
(2) The executive director of the Louisiana Head Injury Foundation or his16
designee A representative of an organization recognized for its work in advocacy17
programs for persons with traumatic head injury, appointed by the governor from a18
list of names submitted by such organization.19
(3) The executive director of the Louisiana Spinal Cord Injury Association20
or his designee A representative of an organization recognized for its work in21
advocacy programs for persons with spinal cord injury, appointed by the governor22
from a list of names submitted by such organization.23
* * *24
(13) The president of the Louisiana Dental Association or his designee25
director of Louisiana Rehabilitation Services within the Louisiana Workforce26
Commission.27
* * *28
D.(1) The board shall meet and organize immediately after appointment of29
its members and shall elect a chairman and a treasurer from its membership and30 ENROLLEDHB NO. 591
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other officers it might deem appropriate. The board shall adopt rules for the orderly1
transaction of business and shall keep a record of its resolutions, transactions,2
findings, and determinations. A majority of the individuals appointed to the board3
shall constitute a quorum. Members shall serve without compensation but shall be4
reimbursed for travel expenses necessarily incurred in the discharge of their duties5
at the rate provided state employees.6
(2) The treasurer shall arrange for full and accurate financial records to be7
maintained in compliance with law and shall make a full and complete report to the8
board annually. The board is specifically prohibited from publishing newsletters or9
other publications typically used in mass mailings.10
* * *11
H. The board shall: serve in an advisory capacity to the office of aging and12
adult services of the department in all phases of administration by the department of13
the Traumatic Head and Spinal Cord Injury Trust Fund.14
(1) Promulgate the rules and regulations necessary to implement the15
provisions of this Chapter.16
(2) Establish priorities and criteria for disbursement of the fund and act to17
obtain maximum benefits available.18
(3) Investigate the needs of the head-injured and spinal cord-injured, identify19
any gaps in services, and prepare and submit an annual report with recommendations20
to the legislature and the governor sixty days prior to each regular session of the21
legislature.22
(4) Monitor, evaluate, and review the development and quality of services23
and programs funded through the fund.24
§2635. Expenditures25
A. Except as provided in R.S. 46:2633(D)(2), money in the trust fund shall26
be distributed for the sole purpose of funding the cost of care or supportive services27
for traumatic head and spinal cord injury, including the administrative costs28
attributable to services provided by the trust fund program. The fund shall be29 ENROLLEDHB NO. 591
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considered as a source of last resort after private and governmental sources have1
been expended for Louisiana citizens.2
B. Authorization of expenditures for spinal cord injury care and head injury3
care shall be made by the office of aging and adult services, within the Department4
of Health and Hospitals, according to criteria established by the board department5
through administrative rule.6
C. Expenditures may include but are not limited to post-acute medical care7
rehabilitation, therapies, medication, attendant care, home or vehicle accessibility8
modifications, and equipment necessary for activities of daily living., provided that9
such expenses are related to the spinal cord injury or traumatic head injury.10
* * *11
Section 3. This Act shall become effective upon signature by the governor or, if not12
signed by the governor, upon expiration of the time for bills to become law without signature13
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If14
vetoed by the governor and subsequently approved by the legislature, this Act shall become15
effective on the day following such approval.16
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: